Ethics of Social Media Part 3: Personal Use of Social Media
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The document discusses the ethical implications of personal social media use for attorneys, highlighting that online activities can reflect on their firms. It provides guidelines based on North Carolina's rules of professional conduct, stressing the importance of maintaining confidentiality and avoiding statements that could mislead or harm clients. The document also includes examples of inappropriate posts by attorneys that resulted in disciplinary actions.
Ethics of Social Media Part 3: Personal Use of Social Media
- 1. THE ETHICAL IMPLICATIONS OF SOCIAL MEDIA Brian C. Focht Stiles Byrum & Horne, LLP www.thecyberadvocate.com
- 2. THE ETHICS OF SOCIAL MEDIA PART 3: YOUR PERSONAL USE OF SOCIAL MEDIA
- 3. PERSONAL USE OF SOCIAL MEDIA Perception: When we’re off the clock, we’re not attorneys. Our law firms, although important parts of our lives, have no real interest in, and should have no connection to, our personal lives.
- 4. PERSONAL USE OF SOCIAL MEDIA Reality: There is little actual distinction between what an attorney does as an attorney and what they do as a private citizen, and what an attorney says or writes in the public realm will likely be associated with the attorney’s firm.
- 5. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh
- 6. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh Smith: “@SCOTUSblog – Don’t screw up this like ACA. No such thing as greenhouse gas. Carbon is necessary for life.”
- 7. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh
- 8. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh Smith: “@SCOTUSblog Go f@ck yourself and die.”
- 9. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh
- 10. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh Attorney Regan’s personal use of his own Twitter account forced his firm to issue this statement:
- 11. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh Reed Smith Spokesperson: “The posting of offensive commentary or language on social media is inappropriate and inconsistent with Reed Smith’s social media policy. We are addressing this matter internally.”
- 12. PERSONAL USE OF SOCIAL MEDIA NC RULES OF PROFESSIONAL CONDUCT Important Provisions: 1.1 - Competence 1.6 – Confidentiality 1.9 – Duties to Former Clients 1.18 – Duties to Prospective Clients 3.5 – Impartiality and Decorum of the Tribunal 3.6 – Trial Publicity
- 13. PERSONAL USE OF SOCIAL MEDIA NC RULES OF PROFESSIONAL CONDUCT Important Provisions: 4.2 – Communication with Persons Represented by Counsel 7.4 – Communication of Fields of Practice and Specialization 8.2 – Judicial and Legal Officials
- 14. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Make sure statements are accurate Avoid misleading statements that could be interpreted as advertising
- 15. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff “Won my trial, $5 million dollar verdict!” -OR- “Another $5 million dollar verdict. As always, my client is ecstatic!”
- 16. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Be EXTREMELY careful when blogging about your judge Avoid posting anything about your day when you’re upset
- 17. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: Referring to a judge as an “Evil, Unfair Witch.” -Sean Conway, Fort Lauderdale, FL
- 18. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: -Sean Conway, Fort Lauderdale, FL * Public Reprimand, $1,200 fine *
- 19. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: Referring to a judge as “Judge Clueless.” -Kristine A. Peshek, IL
- 20. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: “This stupid kid is taking the rap for his drug-dealing dirtbag of an older brother…” -Kristine A. Peshek, IL
- 21. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: “You want to go back and tell the judge that you lied?” -Kristine A. Peshek, IL
- 22. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: -Kristine A. Peshek, IL * 60-day suspension in Illinois and Wisconsin *
- 23. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: Blog posts about case while an empaneled juror -Frank R. Wilson, San Diego, CA
- 24. PERSONAL USE OF SOCIAL MEDIA Situation: Blogging about your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff Some things you shouldn’t post: -Frank R. Wilson, San Diego, CA * 45-day suspension, $14,000 fines/fees, lost his job*
- 25. PERSONAL USE OF SOCIAL MEDIA Situation: Responding to basic legal questions Applicable Rule(s): 1.1, 1.6, 1.18 To Comply: Don’t let the person on the other end expect that you’re their attorney; do no harm
- 26. PERSONAL USE OF SOCIAL MEDIA Situation: Responding to basic legal questions Applicable Rule(s): 1.1, 1.6, 1.18 To Comply: Don’t let the person on the other end expect that you’re their attorney; do no harm Don’t give bad advice – competence rules still apply! Only need a reasonable belief that you’re their attorney Location, location, location!
- 27. PERSONAL USE OF SOCIAL MEDIA Situation: Recommendations & Endorsements Applicable Rule(s): 7.4 To Comply: If you have no independent basis to make the recommendation, don’t do it! Are you endorsing skills the person actually has? Quid pro quo is BAD Astroturfing – If it’s fake, don’t do it!
- 28. MARKETING YOUR FIRM VIA SOCIAL MEDIA BEST PRACTICES: 1. Remember: THE RULES STILL APPLY 2. To keep accounts completely personal, avoid discussions of the law 3. If you wouldn’t post it on your firm’s Social Media, don’t post it on yours
- 29. THE ETHICAL IMPLICATIONS OF SOCIAL MEDIA Brian C. Focht Stiles, Byrum & Horne, LLP [email protected] www.thecyberadvocate.com